The laws of Montana afford corporations, and other legislatively authorized entities (designated in I-194 as “artificial persons”), the power to engage in such lawful activity as may be required to accomplish their purpose. The essence of I-194 is a statutory clarification declaring that political contributions are not a lawful corporate spending power of Montana corporations, or for those out-of-state corporations qualified to do business within Montana.
Let us evaluate the arguments made by those opposing the clarification of corporate power that would be accomplished by enactment of I-194 (as stated in the Secretary of State’s Montana Voter Information Pamphlet):
First, that enacting I-194 would “unconstitutionally restrict Montanans’ free speech rights.”
No “Montanans’” free speech rights would be affected by the passage of I-194. All Montana citizens would remain free to contribute to political candidates and causes. Correspondingly, the absence of corporations’ power to make political contributions directly, via political action committees or dark money groups, would be established.
The U.S. Supreme Court’s 2010 Citizens United decision held that when states have statutorily afforded corporations the power to make political contributions states may not prohibit the exercise of the Constitutional right to free speech by limiting the form or scope of corporate political contributions. The legal existence of the power to give causes the First Amendment right of free...
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